Steps first need to be taken by a lawyer to ensure that the other driver's insurance is not responsible for the damages. The answer to that question is more complicated than the insurance company just saying that the driver was not on the policy. Then, your insurance company may be an additional source of recovery.
If you would like to discuss it further, feel free to call me. 972-231-5800.
I don't practice in Texas, but based upon over 20 years of representing families like yours, there is one rule that holds true 100% of the time: bad and/or multiple injuries (and you have both in your situation) ='s hire a COMPETENT attorney to handle your claims or else you are going to be taken advantage of, and eventually regret it. Let me share a war story: recently I was appointed by a local judge who oversees the settlement of minors' personal injury settlements. A minor was seriously injured in a crash, and the insurance company had settled with the minor's Dad. Dad was unrepresented by an attorney.
My investigation revealed that the insurance company really low balled the settlement offer, and improperly tried to take some of the money and (wrongfully) repay the minor's health insurer that had paid some of her medical bills. The judge threw out the settlement, and ordered the parties to re-negotiate.
This is consistent with my experience. You have serious injuries, complex insurance issues, and no experience to evaluate any of it on your own, and you won't know if you're being fed a line of bull by the insurance company. It's just like if you need a major wiring job in your house--you can either wing it on your own, or call an electrician.
You need the legal electrician--an attorney-- to help you through the maze of issues and level your playing field. If you remember nothing else here, remember Rule No 1: Insurance companies will try to pay as little as possible on your claims. That doesn't make them evil. But it doesn't mean you have to sit back and take it.
I see that you have received lots of helpful information. I just wanted to add that if you have not done so already, report the accident to your insurer as well. There may be coverage available to you under that policy. You may also want to contact a lawyer in your area who practices bad faith insurance litigation. You will want to make sure that all avenues of possible coverage have been explored.
Morgenstern & Herd, PA
I definitely agree with one of the previous answers: HIRE A COMPETENT ATTORNEY. You are going to be faced with a number of complicated insurance coverage issues, and each step must be handled correctly or you and your family members can lose important rights to pursue certain claims.
Unfortunately, too many drivers in the Dallas/Fort Worth area are uninsured. Hopefully, the new ordinances that Dallas just passed and the Fort Worth is currently considering to tow vehicles of drivers of uninsured vehicles that get pulled over for a ticket or that are involved in a collision will have some impact to reduce these problems, but you need and your family need immediate help and answers.
It is very possible that depending upon the circumstances, there may be insufficient insurance coverage to fully compensate everyone, but on the other hand, there may be a way to pursue the claims to maximize everyone's recovery, but that will require a very competent attorney to sort through the issues, if it can be done at all.
As for being referred to a doctor by an attorney, that is always a difficult subject. We always recommend that clients try to find their own doctors and to use their health insurance, if available, in seeking the reasonable and necessary medical care they need. However, their are clients who do not have those options, but desperately need immediate medical care. The reality of the situation is that the insurance company is not going to pay for that medical care because they do not make money paying claims, and because they typically claim that if the person does not seek medical care or has only limited medical treatment, then the claim has little to no value. As a result, there are times when attorneys have no choice but to help find their clients a doctor who will treat the patient without requiring payment up front. That is not uncommon, but you need to understand that the insurance companies tend to fight those charges harder than they do if the patient is referred to a clinic by a doctor or someone other than the attorney.
I hope this information helps. Feel free to call as I am very familiar with the insurance companies in the metroplex and surrounding counties.
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